HPH2/? Claimform - Old 2009 Santander Overdraft 'debt' ***Settled by ADR ***

[dx100uk]

no don't chase

 

 

it comes to you

[Ladylovessalsa]

DX,

 

I have found this and wondered whether I could use this as a defence.

 

 

See below:

 

Particulars of Claim

 

1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.

 

2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.

 

3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.

 

 

The Claimant claims:

 

The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54

 

Costs

Defence

 

The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.

 

2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974

 

Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

The claimant is also put to strict proof to:-.

 

(a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited May 13, 2015 by Andyorch
Particulars added for cross reference/amended checked.

[AndyOrch]

Defence amended and checked......good to go Ladylove if you are happy with it.

 

Regards

 

Andy

[1penny]

Hello Have you submitted your defence ?

 

 

Any response yet in relation to your CPR 31.14 request ?

 

 

Penny

[Ladylovessalsa]

No nothing, unless something came today. Did you?

 

I have teeted up my defence and I am ready to press the button on Sunday evening. Is there anything else I need to do?

 

Sorry no I haven't submitted my defence yet.. DX told me to leave it to the very last moment so I will do it Sunday night for Monday..

[AndyOrch]

Teeted ?......I had already checked and amended it in post #53 13th May

[Ladylovessalsa]

Hi Andy...

 

 

What I meant was I have copied and pasted the defence that you have amended in post 53 into the MCOL tool but I haven't submitted it yet. What I meant was that I am ready to push the button on Sunday night ready for Monday 25th May.

 

 

I just wanted to know whether there was anything else I needed to consider before submitting the response. I've had no response to the CPR request.

[AndyOrch]

Okay that's fine...I didn't know if you had edited or added anything further.......

[dx100uk]

Not unless something arrives

[AndyOrch]

Which wont:madgrin:

[Ladylovessalsa]

Defence was submitted at 11:03 at today. Deadline for submission is tomorrow 25th May before 4.00pm

 

How do I get alerts/notifications when someone adds something to this thread.. I have to keep coming on the site to check? grrrrr!

[honeybee13]

How do I get alerts/notifications when someone adds something to this thread.. I have to keep coming on the site to check? grrrrr!

 

Is it that arduous, LLS? Have you checked your User CP panel settings [at the top of this screen] to see if you've asked to have email notifications?

 

HB

[Ladylovessalsa]

Loool! Not really but I'd like to know if I have a reply to a post.... I've checked everything in user cp so let's see what happens.. Thank you for that.

[honeybee13]

I hope it works for you.

 

HB

[Ladylovessalsa]

Does anyone know when can I expect a response from the courts?

[dx100uk]

as long as your defence has been ack'd as received

next move is the claimants if they want to proceed or run or let it get stayed.

 

 

dx

 

 

 

 

dx

[Ladylovessalsa]

Hello..

 

 

I have just had a letter from the courts. I can't scan it in cos I'm at home but this is what it says:

 

 

Date: 26 May 2015

 

HOIST PORTFOLIO HOLDING 2 LIMI -V- LADYLOVESSALSA

 

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitors).

 

The claimant may contact you direct to attempt to resolve any dispute.

If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed.

The court will then inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence.

 

After that period has elapsed, the claim will be stayed.

 

The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

 

No signature at end.

 

 

So Hoist may contact me to resolve dispute..

. If we can't resolve it then they will tell the court they want to proceed,

after they do this,

they have 28 days from when they received a copy of my defence.

 

 

If the 28 days elapsed and they have not made contact with the courts then the claim will be stayed by the court,

and then the claimant will have to apply for an order to lift the stay if they want to take any further action against me...

 

 

Is this my position? I am waiting for them to get in touch?

[dx100uk]

std court response

 

 

dx

[Ladylovessalsa]

Still no news from courts or claimants

[AndyOrch]

Still no news from courts or claimants

 

They have 23 days yet to respond

[Ladylovessalsa]

Does that include the weekends?

 

Have they got until the 29 June?

[Ladylovessalsa]

Hello, I haven't received anything from the courts or from Hoist? What happens now?

[AndyOrch]

Most probably the claim is stayed...check with Northampton.

[Ladylovessalsa]

Had some correspondence from Hoist at the weekend. What do I do now?

[dx100uk]

std letter that any company must send ever 12mts if they think they own and are a creditor of your debt

to a line to the FCA rules

nothing relevant at all

 

 

dx